I am receiving LTD benefits due to my Parkinson’s disease and I also have a disabled son. My son is over 18 with Down’s syndrome, so he is receiving Social Security (SS) benefits due to his disability. Can the LTD insurance company offset my LTD benefits by the amount of SS benefits my disabled adult child receives?
Hi. While we work on connecting with one of the LTD experts on our volunteer Team UP, here’s a publication that may be helpful: https://uphelp.org/buying-tips/everything-you-always-wanted-to-know-about-disability-offsets/
We consulted with an attorney who has expertise in LTD cases, and he had this to say:
“If the child is receiving Social Security disability on account of their own disability, the insurer should not be able to offset the child’s benefits [from your own LTD benefits]. The basis for my statement is Schultz v. Aviall where the court explicitly stated there should not be an offset in such a situation.”
Hope that helps!